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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4974
Experience:  Extensive experience representing employees and management
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I was terminated by my former employer and they told EDD that

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I was terminated by my former employer and they told EDD that it was for misconduct I cannot receive unemployment benefits. Is there anyway to overcome this? Thank you.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Do you know what type of misconduct that your employer alleged that you committed? Were you told that you were being terminated for misconduct when your employer terminated you?
Customer: replied 1 year ago.

The employer read a littany of issues that indicated I did not manage 2 accounts properly. One of them I had management and risk management backing and the other was a matter of disagreement between the Manager and me on the sale of a real estate property. In that sale I had followed the advice of outside counsel. I was told by the manager to hire outside counsel to supervise the sale.


In an interview with the California Employment Development Department I described the situations. I also told the EDD that I had been cited by the same Manager in 2009 for not reading a Trust document and understanding that a financial consultant needed to affirm any leases that were negotiated. This Manager had pushed me into the negotiations after the termination of another Asset Manager. I did not fight this citing because I was new and needed the job. You live in fear at this bank. Thank you for any help.

Expert:  Joseph replied 1 year ago.
Hello Darryl,

It is possible to overcome the EDD's initial ruling on appeal if you can prove that you were actually terminated through no fault of your own and not for misconduct.

Unfortunately, considering the "litany of issues" that indicated that you did not manage two accounts properly and the fact that you had previously been cited ("warned") by your manager, it will be difficult to obtain a reversal of the decision on appeal, but it is still definitely possible.

To do so, you will likely need proof of your good job performance, including any performance reviews that you may have, and any other documented instances where you were informed that you were doing a good job.

This would work to counteract the argument that you were terminated for misconduct, and that your employer is only actually alleging that you were terminated for misconduct to avoid having to pay you unemployment benefits.

You can read more about discharges for misconduct to prepare your argument in your letter and appeal hearing:

http://www.edd.ca.gov/uibdg/Misconduct_MC_5.htm

As I mentioned previously, the odds are, unfortunatley, likely against you, but it is still definitely worthwhile to appeal, since it is quite possible that an administrative judge would see the situation differently than EDD did initially.

I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate a direct and honest answer to your question.
Customer: replied 1 year ago.

Thank you for your response. It appears I will join the ranks of Americans that will lose their home.


I did receive great performance ratings prior to this occurring.


 


Again, thank you for your response.

Expert:  Joseph replied 1 year ago.
The great performance ratings would definitely help counteract the alleged misconduct.

I am really sorry to hear about your situation regarding your home.

I still strongly encourage you to appeal, since the Administrative Judges do have a tendancy to find in favor of claimants on appeal.

Thanks and best of luck!
Expert:  Joseph replied 1 year ago.
Hello Darryl,

Please remember to rate my answer positvely so I get credit for my work!

Thanks again and best of luck!
Joseph, Lawyer
Satisfied Customers: 4974
Experience: Extensive experience representing employees and management
Joseph and 2 other California Employment Law Specialists are ready to help you

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